Three women who have been on trial in connection with violent scenes at the Suites Hotel held hands in the dock today as the charges against them were dropped.
Five men and three women have been facing a jury at Liverpool Crown Court accused of violent disorder after the disturbance broke out during a protest outside the site in Kirkby on February 10 last year. It came after a video which allegedly showed an asylum seeker who was staying at the hotel "asking a 15-year-old for her phone number and a kiss" circulated on social media.
But jurors were this afternoon, Monday, instructed to return not guilty verdicts against the three female defendants – Nicola Elliott, Jennifer Knox and Cheryl Nicholls – due to "insufficient evidence". Judge Denis Watson KC told them that this was "the only proper verdict in their cases".
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He added: "As you know, we finished the prosecution case against the defendants on Friday afternoon. One of my duties at that stage is to assess whether there is some evidence which, if you accept it, would entitle you to say or conclude that a defendant had committed the offence charged.
"What it doesn't mean is it is my job to decide who is guilty – that is yours and yours alone. The assessment of whether there is some evidence is for me.
"Of course, central to the charge of violent disorder is the concept that the defendant concerned has used or threatened unlawful violence or encouraged the use or threat of unlawful violence. In the case of three of the defendants – Cheryl Nicholls, Nicola Elliott and Jennifer Knox – I have come to the conclusion that there is insufficient evidence."
The judge said that there "may be good evidence" of lesser charges of using threatening behaviour in the cases of Elliott and Nicholls, but added: "That would amount to a different offence. The long and short of it is, I have concluded as a matter of law that there just isn't sufficient evidence against those three individuals."
The three women held hands as the not guilty verdicts were formally returned by the foreman of the jury. Nicholls was seen wiping tears away as they were allowed to leave the dock.
Prosecutor Martyn Walsh previously told a jury of six men and six women during the prosecution's opening last week that Merseyside Police received reports "which stated that members of the English Defence League were going to attend" the hotel on Ribblers Lane, which was "housing refugees and immigrants", on the Friday evening. The force also received reports that "far left groups were also planning on attending".
Mr Walsh said: "In light of this information, Merseyside Police commenced an operation to attend and prevent any potential disorder. During the course of the evening, a police drone was deployed at the scene, along with police officers, into what became a public order situation.
"Crowds gathered during the course of the evening, and the police attempted to put in place cordons so that members of the public could not encroach into the Suites Hotel grounds. The crowd built up both in numbers and in the level of violence.
"The police were faced with hostility and violence while the crowd forced its way through a cordon. The police then fell back into a stronger, more enforced cordon.
"Because of the escalating crowds and level of violence, they put on their protective gear. At this point in the evening, officers were bombarded with various missiles, for example rocks and bottles.
"There was an officer injured by a concrete slab. The crown would submit that fireworks were being directed towards the police."
The court heard that "further assistance was requested" by officers at the scene, who "feared for their own safety and members of the public". Mr Walsh described how a Matrix van was "set on fire" and "burnt out" after police equipment including riot shields, helmets and metal bars was taken from inside.
This was said to have resulted in £83,686 of damage. Three officers were said to have been injured in total, with two sustaining "minor" injuries and one inspector requiring hospital treatment after being "hit on the head with what he described as part of a paving slab" and suffering a concussion and "whiplash-type injuries".
Mr Walsh added: "The case against each of the defendants is the same. The crown say they were all present on the evening.
"None of the defendants takes issue with that. They all admit being present at the scene.
"A violent disorder was taking place. Again, that is not in dispute.
"The crown's case is that they acted as part of this large crowd using or threatening violence. Their roles and actions are different – whether they stood on top of the police carrier before it was burned out or lit and threw fireworks at officers or whether they stood together and moved as one with those who broke the cordon, trying to effectively enflame the situation as the night went on. The crown say each is guilty of violent disorder, and you can be sure on the evidence presented to you of their guilt."
Mr Walsh said that the "majority of the evidence in the case" came from footage obtained by a police drone, body worn cameras of PCs who attended the scene and "evidence gathering officers" who were "tasked with recording events". Seven of the defendants were identified via these videos, with only one, Thomas Mills, being arrested on the night in question.
One of the men in the dock, Brian McPadden, was said to have been seen on camera "with his arms out, shouting at officers". While pointing towards the hotel, the 61-year-old, of Britonside Avenue in Kirkby, was heard to say: "We protect our own.
"Yous are not from Kirkby, we are. These are t***s.
"These are t***s, the lot of them. Where are they now?
"They're hiding behind the curtains. Look at them all. cheeky b******s."
McPadden then allegedly went on to say: "How come you've got the f***ing audacity to support them? They'd better not leave that place in the next few days, because they'll be dead.
"I've got five grandkids and I don't want that. Sorry."
He also reportedly shouted: "Who do you think you f***ing are? You cheeky b******s.
"We're the innocent ones, not them. We're the innocent ones, they're not.
"You don't know Kirkby. We stick up for ourselves.
"Cheeky b******s up there. They're sitting on the roof watching this, w*****s."
Under interview, McPadden told detectives that he had been "there for a peaceful protest". He did however "admit shouting things at the police as he was frustrated with them".
Meanwhile Mills, of Park Brow Drive in Kirkby, was seen hitting the police van which would later be torched with a flag. The 47-year-old was then alleged to have clambered on top of the vehicle and held the banner, which read "let's shout get them out", aloft.
Mr Walsh said: "He played an important role into violence, encouraging others to behave violently. He goes on to put himself right up against the police cordon."
Mills later gave a prepared statement to the police under interview, stating that he was "was standing peacefully when arrested". He then answered no further questions.
Jurors also heard that 42-year-old Paul Lafferty, of Quarry Green in Kirkby, was seen "pointing towards the police" and shouting: "You f***ing bullies. You are provoking violence."
Mr Walsh said the footage captured 21-year-old Jonjo O'Donoghue, of Stanley Street in Liverpool city centre, "very clearly lighting fireworks and throwing those fireworks at police officers". But he claims he "effectively went to remove his friend from the situation".
Daniel Fulham, of Old Rough Lane, Kirkby, was described as "one of a group of people who made their way past the first line of officers at the cordon by the police carrier". Mr Walsh continued: "He has his dog with him, a Jack Russell dog.
"Other people then push at the police officers at the second cordon, chanting 'get them out'. Mr Fulham picks his dog up and waves it or thrusts it towards police officers while shouting 'get them out, we're allowed through, this is our road."
Fulham was said to have pushed at the riot shields of the officers before being pushed back, at which the 37-year-old shouted "f*** you". He was also "seen to be aggressive and shout f*** you while, behind him, the crowd are shouting 'get them out'."
Nicholls, also from Kirkby, was seen "shouting and gesturing towards the police", with the 44-year-old heard to say: "Every Friday we're going to be here. Every single Friday we're going to be here, so make sure yous are.
"You've got 500 dirty b****** nonces in there. I hope your kids are proud of you, tell them what you've done tonight.
"You, you fat k***head, You're as bad as them..
"They're not allowed in our shops. No one is allowed in our shops, you'd better tell them."
Nicholls was also said to have been "stood with a large group confronting the police". Under interview, she "said she went for a peaceful protest as she had concerns about a social media video she'd seen".
Meanwhile, 42-year-old Elliott – of Ellison Drive in St Helens – was "seen to be shouting 'get them out' and 'are you happy they're raping our children?'". She was described as being "part and parcel of the crowd", and allegedly added: "You're not doing anything about it.
"They're dirty nonces. Raping our children.
"Dirty perverts in there. We'll come here every day, every day until yous get rid of them.
"We're protecting our children. We're not racist, we just want to protect our daughters.
"You're as bad as them, f***ing nonces."
When interviewed, Elliott said she "wasn't racist" and "was shouting not to let them out of the hotel because they would be dead".
Knox, aged 41 and of Chesterfield Drive in Kirkby, was seen "on the left of" Mills as he held the banner aloft and was "stood at the front of the group confronting the police officers, shouting at the police officers". Mr Walsh said: "Her conduct has added to the threat of violence faced by the police."
He also added: "There were other people who were either arrested or identified later who have already appeared. They have pleaded guilty in respect of their part in the violent disorder that took place."
The court will now turn to the defence cases of Fulham, Lafferty, McPadden, Mills and O'Donoghue, with the prosecution's case having closed. The trial continues.
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